News & Publications
Press Release
Anti-corruption training and disclosure of integrity scores to become mandatory
- Date2016-03-03
- Hit1,272
The revised anti-corruption Act creates requirements for anti-corruption training and disclosure of Integrity Assessment results
Anti-corruption training for public officials will become compulsory, while public organizations will have to publicize the results of the Integrity Assessment on their websites.
According to the revised Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission, which was passed by the National Assembly on March 3, the head of each public organization should provide anti-corruption training for their employees and submit the results of training to the ACRC. The ACRC can assess the status of anti-corruption training activities and request the results to be reflected in the performance reviews of public organizations.
The revised Act also includes the measures to strengthen the protection of reporting persons in corruption cases. If a reporting person is expected to suffer or suffering from disadvantageous measures, the Chairman of the ACRC can request the head of the public organization to which the reporting person belongs to stop the measures.
Under the revised Act, even if a corrupt official voluntarily resigns before receiving disciplinary actions, he/she will be subject to employment restriction, which has been applied to public officials dismissed for corruption. The revised Act will also significantly expand the range of organizations where public officials dismissed for corruption are prohibited from getting employment.
The Act now includes any public official who is fined over KRW 3 million for corruption while working for a public institution in the category of "public officials dismissed for corruption" along with any public official who rightly resigns or is removed or dismissed from office for committing an act of corruption in connection with his/her duties while working for a public institution. The range of organizations that public officials dismissed for corruption are prohibited from employment has also been expanded to all duty-related private companies, law firms, tax service companies, and accounting firms.
For 5 years from the date of his/her resignation, a public official dismissed for corruption is prohibited from employment in any public institution and any private company that has maintained close ties with the department to which the public official belonged. Regardless of types of contract and positions such as non-executive director, adviser, or consultant, if the public official was paid for working for a restricted organization, it is considered as employment.
If a violator is found, the ACRC should demand the head of the public organization concerned to dismiss him/her, and the head of the public organization shall comply with the demand of dismissal unless there is a justifiable ground to do otherwise. If any public official dismissed for corruption is employed at a restricted organization in violation of the law, he/she shall be punished with imprisonment for not more than 2 years or a fine not exceeding KRW 20 million. A new provision is added to the Act that imposes a negligence fine on the head of the public organization concerned who refused the demand for dismissal.
In addition, the revised Act includes legal grounds for the ACRC to develop quantitative indicators for measuring corruption in public organizations, to assess the integrity levels of public organizations and publicize the results, and to provide consultations for the organizations with poor results. The ACRC can evaluate the levels of integrity in public organizations using the indicators and publicize the results of assessment, and the heads of public organizations should post the results on their official websites.
Anti-corruption training for public officials will become compulsory, while public organizations will have to publicize the results of the Integrity Assessment on their websites.
According to the revised Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission, which was passed by the National Assembly on March 3, the head of each public organization should provide anti-corruption training for their employees and submit the results of training to the ACRC. The ACRC can assess the status of anti-corruption training activities and request the results to be reflected in the performance reviews of public organizations.
The revised Act also includes the measures to strengthen the protection of reporting persons in corruption cases. If a reporting person is expected to suffer or suffering from disadvantageous measures, the Chairman of the ACRC can request the head of the public organization to which the reporting person belongs to stop the measures.
Under the revised Act, even if a corrupt official voluntarily resigns before receiving disciplinary actions, he/she will be subject to employment restriction, which has been applied to public officials dismissed for corruption. The revised Act will also significantly expand the range of organizations where public officials dismissed for corruption are prohibited from getting employment.
The Act now includes any public official who is fined over KRW 3 million for corruption while working for a public institution in the category of "public officials dismissed for corruption" along with any public official who rightly resigns or is removed or dismissed from office for committing an act of corruption in connection with his/her duties while working for a public institution. The range of organizations that public officials dismissed for corruption are prohibited from employment has also been expanded to all duty-related private companies, law firms, tax service companies, and accounting firms.
For 5 years from the date of his/her resignation, a public official dismissed for corruption is prohibited from employment in any public institution and any private company that has maintained close ties with the department to which the public official belonged. Regardless of types of contract and positions such as non-executive director, adviser, or consultant, if the public official was paid for working for a restricted organization, it is considered as employment.
If a violator is found, the ACRC should demand the head of the public organization concerned to dismiss him/her, and the head of the public organization shall comply with the demand of dismissal unless there is a justifiable ground to do otherwise. If any public official dismissed for corruption is employed at a restricted organization in violation of the law, he/she shall be punished with imprisonment for not more than 2 years or a fine not exceeding KRW 20 million. A new provision is added to the Act that imposes a negligence fine on the head of the public organization concerned who refused the demand for dismissal.
In addition, the revised Act includes legal grounds for the ACRC to develop quantitative indicators for measuring corruption in public organizations, to assess the integrity levels of public organizations and publicize the results, and to provide consultations for the organizations with poor results. The ACRC can evaluate the levels of integrity in public organizations using the indicators and publicize the results of assessment, and the heads of public organizations should post the results on their official websites.
